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It’s in the Cards v. Fuschetto
This is a confusing case between Jeff Meneau and It's in the Cards, Inc. (plaintiff) v. Rosario Fuschetto (defendant) over a simple problem, but it became big because internet did not have law at the time. It was important because it modified the statute for media and one of the starting considerations for making law for internet as new media. At first the defendant proved the the publishments were true and then Meneau appealed. The judge in the end favors to the plaintiff and the result did not really solve the actual problem (whether there was defamation), but rather went to a conclusion that bulletin boards on the internet are not periodicals. How It Happened Meneau and Fuschetto were communicating via SportsNet, a website where sports memorabilia dealers can buy and sell from each other. There were two features on SportsNet: mailbox and bulletin board. After contacting each other via mailbox, bulletin board, and telephone, they decided to meet each other. Meneau was going to visit Fuschetto in New York and Fuschetto agreed on it. Unfortunately, after that Fuschetto and his wife caught mononucleosis (very contagious and makes infected constantly lethargic.) Fuschetto notified Meneau via Sportsnet mailbox, similiar to email. Apparently, Meneau got angry and they started arguing back and forth over all three communcation platforms; bulletin board, mailbox and telephone about the airline ticket, sports game ticket and David Letterman show ticket that were bought for Meneau’s visit. Fuschetto posted a note on the bulletin board explaining his arguments with Meneau. The Court Meneau alleged that Fuschetto has defamed him through the SportsNet bulletin board. Fushetto defend himself by claiming that Meneau failed to comply with 895.05(2), STATS.,. His argument was that his publication he posted was not defamatory and was true story according to this statute. The court however, took this further. This statute also says “Before any civil action shall be commenced on account of any libelous publication in any newspaper, magazine or periodical, the libeled person shall first give those alleged to be responsible or liable for the publication a reasonable opportunity to correct the libelous matter.”[2] The court applied the 895.05(2) for the case to see if demand for retraction was required but they did not decide whether it was defamatory or not. They decided bulletin board is not newspaper or magazine. The sole issue became whether computerized bulletin board is a periodical or not. If it is, then Meneau had to give Fuschetto a chance to retract his “defamation”. After search of the word “periodical” through the dictionary, the court decided that bulletin board is not periodical, thus Fuschetto is not given a chance to retract his “defamation”. The statute only relates to print media and not broadcast media. Bulletin board on a website is not print media.[3] 895.05(2) Statute[2] (2) Before any civil action shall be commenced on account of any libelous publication in any newspaper, magazine or periodical, the libeled person shall first give those alleged to be responsible or liable for the publication a reasonable opportunity to correct the libelous matter. Such opportunity shall be given by notice in writing specifying the article and the statements therein which are claimed to be false and defamatory and a statement of what are claimed to be the true facts. The notice may also state the sources, if any, from which the true facts may be ascertained with definiteness and certainty. The first issue published after the expiration of one week from the receipt of such notice shall be within a reasonable time for correction. To the extent that the true facts are, with reasonable diligence, ascertainable with definiteness and certainty, only a retraction shall constitute a correction; otherwise the publication of the libeled person's statement of the true facts, or so much thereof as shall not be libelous of another, scurrilous, or otherwise improper for publication, published as the libeled person's statement, shall constitute a correction within the meaning of this section. A correction, timely published, without comment, in a position and type as prominent as the alleged libel, shall constitute a defense against the recovery of any damages except actual damages, as well as being competent and material in mitigation of actual damages to the extent the correction published does so mitigate them. How it applies to Internet Law This case warned the court about technology expansion that should also lead to extension of the existing laws to cyberspace. The statute mentioned was written in 1951 before the internet exists, thus made it harder for cyberspace cases. The court changed the statute and extended the term of “periodical” to not be limited to print media. The court concluded that bulletin board is not a form of periodical. SportsNet bulletin board, or any other bulletin boards on the internet, is “simply a random collection of computerized messages analogous to posting a written notice on a public bulletin board and not a publication that appears on regular intervals.”[4] Bibliography 1. 2895.05 Damages in actions for libel. . 3Court of Appeal of Wisconsin. IT'S IN THE CARDS, INC. and Jeff Meneau, Plaintiffs-Appellants, v. Rosario FUSCHETTO, d/b/a Triple Play Collectibles, Defendant-Respondent. Court Report. Court of Appeal of Wisconsin. Wisconsin, 1995. 4Delta, George B. and H. Jeffrey Matsuura. Law of the Internet. Vol. 2. Boston: Aspen Publisher, 2011. 5 It's in The Cards, Inc. v. Fuschetto, 535 N.W.2d 11, 193 Wis. 2d 429 (Ct. App. 1995). It's in the Cards v. Fuschetto 6Samson, Martin. Internet Library of Law and Court Decision. 1997. 2013 .